E Verify Down Government Shutdown

Steps Employers Can Take While E-Verify is Down

Federal government employees aren’t the only ones shouldering an extra load during the federal government shutdown. Employers are taking on the burden of trying to keep track of Forms I-9 that need to be completed or updated despite no access to their E-Verify accounts because of the shutdown.

According to a post on the E-Verify website, several policies were put in place at the beginning of the shutdown, including:

  • Employers may not take any adverse action against an employee while the employee’s case is in interim case status
  • Extending the time period during which employees may resolve TNCs (Tentative Nonconfirmations)
  • And a suspension of the “three-day rule” for creating E-Verify cases

What are employer’s responsibilities for E-Verify during the shutdown?

  • Keep track of I-9s completed for new hires (starting with December 22, 2018) so you can update records once E-Verify is back online. Attach a memo in a master E-Verify file with the number of days the system was unavailable.
  • Keep track of the situation and anticipate a backload once the system is up and running. Work with your attorney on how much time employees will have to resolve their TNCs once the system is functional.
  • Continue to hire employees as usual. Just be certain you continue good documentation practices.